Civil legal relations are a specificThe area, the regulation of which, in general, is built on the disposability of norms. But carriers of the subjective right have the right to rely on the protection of this by law-enforcing bodies during a certain period of time regulated by law. It was such a term that got the name "Limitation of actions in civil law".
Based on the very essence of civil legal relations, the prescription category is multifaceted. And, consequently, it is important to clearly imagine what it includes and what varieties it shares.
The concept of
The very definition of limitation can beis formulated quite simply - this is the period during which the subject is entitled to apply for protection of personal legitimate interests arising in the civil law field to the competent authority. However, this definition is too vague and needs clarification.
In-first, the limitation of actions in civil law isThe general term established by the legislation for upholding of the rights in competent bodies. It follows that this period of time does not stop if the person filed a claim for the protection of his rights in the court.
Secondly, the establishment of a clear period of limitationhas a formal and practical character. Its significance lies in the fact that the competent authority has the ability to accurately establish the truth in the case, as well as ensure the timeliness of the protection of rights.
Thirdly, the limitation of actions in civil law actually guarantees the strengthening of the rights of the acquirer and protects them from unfair encroachments.
The establishment of these three characteristics allowsconclude that the limitation of actions appears to be a special institution of civil law that promotes the strengthening of the constitutional rights of ownership of tangible and intangible objects.
Types of statute of limitations
The legal doctrine and practice developed two main categories of statute of limitations, to be more precise: general and special.
General information The statute of limitations is fixed by legislation ingeneral provisions on civil legal relations. It applies in cases where special rules of law do not regulate otherwise. The general limitation period has one, but very important characteristic - it can not be changed by the will of the parties - participants of legal relations. The law of the Russian Federation, the general statute of limitations in civil law is established for a period of three years (see the provisions of Articles 196 and 198 of the Civil Code of the Russian Federation).
Special the species is based on specific instructionscivil legislation on the change of the period of the general limitation of actions by means of its prolongation or reduction. A vivid example of this kind is the provisions on challenging the quality of work or transportation services. And just like the general, special variety has imperative character regarding the time interval.
Types of limitation period
Depending on the various classifyingsigns of jurisprudence lead different typologies of this institution of civil law branch. The types of limitation of actions considered above can be considered the first division, conducted on the principle of subordination to a general rule.
The second qualifying sign consists in determining the moment when the limitation period arises. Therefore, it can be conditionally divided into the following types of terms:
1. The timeframe, calculated from the moment when the rightholder was to learn about the fact of violation of rights.
2. Terms beginning at the time of the final performance of the obligation.
3. Terms, dated by the moment of discovery of the deficiencies stipulated by the agreement or legislation.
The other types of limitation period have a situational character and can only be classified for certain civil relations.
In conclusion, it should be noted that the claimprescription in the civilian branch of law is one of the fundamental institutions, a clear understanding and competent use of which allows one to effectively apply his right to protect legitimate interests in strictly stipulated terms.
